Ramday urges system be kept from falling
ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said the change in the oath of judges would lead the country to have the continuity of the democracy in the country, wondering why such an amendment (18th Amendment) was brought, when the judiciary had already effected a change in judges’ oath to stem the path of a dictator, Geo News reported Wednesday.
The CJ Chaudhry said this while heading a SC’s 17-member larger bench hearing various identical petitions filed against some articles contained in the 18th Amendment.
He further said, ‘Judiciary wants the stability of the democracy and we wish in the earnest that it was not harmed.’
Justice Khalilur Rehman Ramday said in his remarks, ‘Who will be held responsible if the system, for which the sacrifices were given, is committing suicide?’
The verdict against the PCO judges has been made a part of the Constitution and the apex court said the same in its ruling, he remarked.
Earlier, Akram Sheikh Advocate, counsel of a petitioner Nadeem Ahmed continued his arguments on the second day today.
Sheikh said, ‘The Constitutional Committee was not mandated to establish a commission concerning the judges’ appointments. The judiciary is bound by law to have an eye on the federal and the provincial governments.’
‘Eighteenth Amendment was not rendered in the regional languages.’
Citing the example of Britain, Akram said the judiciary in that country was consulted when the law relating the judges’ appointment was amended; however, the Law Commission was not approached for consultation, when the same was done in Pakistan.
Akram added the Parliament approved the Amendment only in four minutes.
The court demanded the Parliamentary record regarding 18th Amendment.
Justice Saqib Nisar said, ‘Article-174(A) has some good parts as well. If a five-member committee is formed, then how come the independence of judiciary would be affected.’
Urging Akram Sheikh Advocate not to classify politicians into good or bad, Justice Asif Saeed said, ‘Quaid-e-Azam who gave us country was a politician and it was politicians who presented 1973 Constitution.’
The court will continue hearing the case tomorrow.
Change in judges oath to cause continuity of democracy: CJ
ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said the change in the oath of judges would lead the country to have the continuity of the democracy in the country, Geo News reported Wednesday.
The CJ Chaudhry said this while heading a SC’s 17-member larger bench hearing various identical petitions filed against some articles contained in the 18th Amendment.
He further said, ‘Judiciary wants the stability of the democracy and we wish in the earnest that it was not harmed.’
The verdict against the PCO judges has been made a part of the Constitution and the apex court said the same in its ruling, he remarked.
Earlier, Akram Sheikh Advocate, counsel of a petitioner Nadeem Ahmed continued his arguments on the second day today.
Sheikh said, ‘The Constitutional Committee was not mandated to establish a commission concerning the judges’ appointments. The judiciary is bound by law to have an eye on the federal and the provincial governments.’
‘Eighteenth Amendment was not rendered in the regional languages.’
Citing the example of Britain, Akram said the judiciary in that country was consulted when the law relating the judges’ appointment was amended; however, the Law Commission was not approached for consultation, when the same was done in Pakistan.
Akram added the Parliament approved the Amendment only in four minutes.
The court demanded the Parliamentary record regarding 18th Amendment.
New bench for PCO judges case to be made
ISLAMABAD: Justice Nasirul Mulk and Justice Raja Fayyaz decided not to continue with the larger bench hearing PCO judges case, Geo News reported Monday.
The counsel of Justice Jahanzeb, Naeem Bukhari, while talking to media, said Justice Jahanzeb took exception to the presence of Justice Nasir and Justice Fayyaz on the bench hearing the contempt of court case, pleading that both the judges were on the bench which delivered the verdict against the PCO judges.
He said no sitting judge has ever before been served the contempt notice in the history of the entire world.
He said now both the judges have referred the case to Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry to constitute a new bench for the case.
Two judges voluntarily back out of PCO judges case
ISLAMABAD: Justice Nasirul Mulk and Justice Raja Fayyaz voluntarily decided not to continue with the larger bench hearing PCO judges case, Geo News reported Monday.
The five-member SC bench heard the contempt of court case today against the PCO judges.
Talking to media after the hearing outside the court, the counsel of Justice Jahanzeb Rahim, Naeem Bukhari said his client took exception to the presence of Justice Nasir, Justice Tariq Pervez and Justice Fayyaz on the bench hearing the contempt of court case, pleading that both the judges were on the bench which delivered the verdict against the PCO judges.
Bukhari added that three of the five judges of the bench i.e. Justice Nasir-ul-Mulk, Justice Fayyaz Ahmed and Justice Tariq Pervez have personal interest in the case owing to their presence on the bench that gave the PCO judges verdict on July 31.
He said no sitting judge has ever before been served the contempt notice in the history of the entire world.
He said now both the judges have referred the case to Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry to constitute a new bench for the case.
He told the court the two of the judges took oath administered by former Chief Justice Abdul Hameed Dogar; hence, only that judge should hear the case, who never violated the Code of Conduct.
Hearing the argument, Justice Nasirul Mulk and Justice Raja Fayyaz dissociated themselves from the case and case was referred to the Chief Justice for the constitution of new bench.
SC decides to move ahead against PCO judges
ISLAMABAD: Supreme Court (SC) decided to continue case proceedings against the PCO judges for contempt of court, Geo News reported Tuesday.
The SC dismissed the intra-court appeals of the judges who took oath on Provisional Constitutional Order (PCO).
The court issued notice to the Attorney General that the contempt case hearing will start from May 10.
SC moves against PCO judges
ISLAMABAD: Supreme Court (SC) decided to continue case proceedings against the PCO judges for contempt of court, Geo News reported Tuesday.
The SC dismissed the intra-court appeals of the judges who took oath on Provisional Constitutional Order (PCO) by declaring them non-maintainable.
The SC bench headed by Justice Nasirul Mulk delivered the verdict on appeals of the PCO judges.
These PCO judges who were issued the notices regarding contempt of court, include former Chief Justice Abdul Hameed Dogar and former Chief Justice of Lahore High Court (LHC) Iftikhar Hussain Chaudhry.
These judges, instead of apologizing, filed intra-court appeals; on this, the court reserved its verdict yesterday. Today the court made it public, declaring the appeals as not fit to be pursued.
The court directed the PCO judges to submit their response by May 7.
The court issued notice that the contempt case proceedings against these PCO judges will start from May 10.
2 PHC’s PCO Judges Resign
PESHAWAR, Pakisan: Two judges of the Order of the Peshawar High Court, submitted his resignation Monday. 
Three judges of the Peshawar High Court, Justice Jahanzeb Rahim, Justice and Justice Maroof Farooque Syed Hamid Durrani were affected by the full bench of Supreme Court ruling July 31 that it had decided to send the reference against the PCO judges Supreme Judicial Council.
Justice and Justice Syed Hamid Maroof Farooque Monday morning submitted his resignation to Secretary of the Peshawar High Court.
2 PHC’s PCO Judges Resign was first posted on October 26, 2009 at 2:31 pm.
